Terms of Service

Agreement to Terms

Welcome to Brandify Creator. These Terms of Service ("Terms") govern your access to and use of our influencer marketing platform and services. By accessing or using Brandify Creator, you agree to be bound by these Terms.

Service Description

Brandify Creator is an influencer marketing platform that connects brands with Instagram creators for paid promotional campaigns. Our services include:

• Matching brands with relevant Instagram influencers
• Campaign management and coordination
• Payment processing and financial transactions
• Performance analytics and reporting
• Creator verification and audience analysis

We act as an intermediary platform and do not guarantee specific results from any marketing campaign.

Eligibility

To use Brandify Creator, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Comply with all applicable laws and regulations

Organizations using our services must be legally registered entities with authority to enter into business agreements.

User Accounts

Account Registration

You must create an account to access certain features of our platform. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information remains accurate and up-to-date

Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activities.

Terms for Brands

Campaign Requirements

Brands using our platform agree to:

• Provide clear and accurate campaign briefs and requirements
• Set realistic expectations for campaign deliverables
• Approve or reject creator content within specified timeframes
• Make timely payments for completed campaigns
• Comply with advertising standards and regulations

Content Approval

Brands have the right to review and approve creator content before publication. However, excessive or unreasonable rejection of content may result in campaign cancellation fees.

Brand Obligations

Brands must:

• Respect creators' creative freedom within agreed guidelines
• Provide necessary product samples or information promptly
• Not engage in direct negotiations that bypass our platform
• Maintain professional communication with creators

Terms for Creators

Creator Requirements

Creators using our platform agree to:

• Maintain an authentic Instagram following with real engagement
• Provide accurate information about follower count and demographics
• Create original, high-quality content that meets brand guidelines
• Disclose sponsored content in compliance with FTC guidelines and local regulations
• Not engage in fraudulent activities such as buying followers or engagement

Content Creation

Creators must:

• Deliver content within agreed timeframes
• Follow brand guidelines while maintaining authentic voice
• Include required disclosures (e.g., #ad, #sponsored)
• Not publish unapproved content for contracted campaigns
• Keep sponsored posts live for the agreed duration

Creator Obligations

Creators grant brands a non-exclusive license to use campaign content for marketing purposes. Specific usage rights are defined in individual campaign agreements.

Payment Terms

Platform Fees

Brandify Creator charges a service fee for facilitating connections and managing campaigns. Fee structures are communicated during campaign setup and agreed upon before work begins.

Brand Payments

Brands must fund campaigns upfront or according to agreed payment schedules. Payments are processed securely through our third-party payment processors.

Creator Payments

Creators receive payment after successful campaign completion and content approval. Payment timelines are specified in individual campaign agreements, typically within 7-14 business days of approval.

Refunds and Disputes

Refund eligibility depends on campaign status and circumstances. Disputed payments are reviewed on a case-by-case basis. Our dispute resolution process aims to reach fair outcomes for all parties.

Intellectual Property Rights

Platform Content

All content on Brandify Creator, including logos, text, graphics, and software, is owned by or licensed to us and protected by intellectual property laws.

User Content

You retain ownership of content you create or upload. However, you grant us a worldwide, non-exclusive license to use, reproduce, and display your content for platform operation and marketing purposes.

Campaign Content

Content rights for campaign materials are negotiated between brands and creators. Typically, creators retain ownership while granting brands usage rights as specified in campaign agreements.

Prohibited Activities

Users may not:

• Violate any laws, regulations, or third-party rights
• Engage in fraudulent activities or misrepresentation
• Use automated systems to access the platform without authorization
• Attempt to circumvent platform fees or payment systems
• Harass, abuse, or harm other users
• Upload malicious code or viruses
• Reverse engineer or copy our platform technology
• Create fake accounts or impersonate others
• Promote illegal products, services, or activities

Limitation of Liability

To the maximum extent permitted by law, Brandify Creator and its affiliates, officers, directors, and employees shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from user interactions or campaign outcomes
• Third-party actions or content

Indemnification

You agree to indemnify and hold harmless Brandify Creator from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of our platform
• Violation of these Terms
• Infringement of third-party rights
• Content you create or share
• Your interactions with other users

Dispute Resolution

Negotiation

In the event of a dispute, parties agree to first attempt resolution through good-faith negotiation.

Mediation

If negotiation fails, disputes may be submitted to mediation before pursuing legal action.

Governing Law

These Terms are governed by the laws of the jurisdiction where Brandify Creator is registered, without regard to conflict of law provisions.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes through:

• Email notification to registered users
• Prominent notice on our platform
• Updated "Last Modified" date

Your continued use of Brandify Creator after changes are posted constitutes acceptance of the modified Terms.

Termination

Either party may terminate their account at any time. Upon termination:

• Your access to the platform will cease
• Ongoing campaign obligations must still be fulfilled
• Payment terms for completed work remain in effect
• Certain provisions of these Terms survive termination